Trotter v. Commissioner of Correction
2012 Conn. App. LEXIS 597
Conn. App. Ct.2012Background
- Petitioner Roy Trotter was convicted by jury on March 14, 2000, of attempt to commit murder, assault in the first degree, and carrying a pistol without a permit, with a § 53-202k enhancement.
- He was sentenced on April 27, 2000 to a total term of 30 years imprisonment.
- Appellate affirmation occurred in 2002 in State v. Trotter, 69 Conn. App. 1, 793 A.2d 1172.
- He filed an amended habeas petition in 2005 alleging ineffective assistance of trial and appellate counsel.
- A habeas trial occurred in 2005 with a mistrial due to exhibits not being considered.
- Two pro se habeas petitions were consolidated in 2009, designating CV-06-4001228-S as controlling; the operative amended petition was filed May 15, 2009 alleging ineffective assistance of trial counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether denial of certification to appeal was an abuse of discretion. | Trotter argues denial was an abuse. | Court held no abuse; issues not debatable. | No abuse; certification denial affirmed. |
| Whether trial counsel provided ineffective assistance by misadvising maximum exposure. | Trotter contends counsel failed to warn of increased exposure from added charges and enhancement. | Evidence showed counsel could have discussed maximum exposure; respondent found no deficient performance. | No deficient performance proven; ineffective-assistance claim rejected on merits. |
| Whether petitioner preserved the double jeopardy/merged sentencing claim for review. | Claim raised in amended petition and argued; argued plain error. | Claim not properly raised or decided below; abandoned on review. | Claim abandoned; plain error review declined. |
Key Cases Cited
- Norton v. Commissioner of Correction, 132 Conn. App. 850 (2012) (guides review of habeas denial; abuse of discretion standard; plenary on actual merits)
- Greene v. Commissioner of Correction, 123 Conn. App. 121 (2010) (two-pronged Strickland standard; performance and prejudice)
- State v. White, 127 Conn. App. 846 (2011) (credibility determinations; appellate review of habeas findings)
- Brown v. Commissioner of Correction, 104 Conn. App. 144 (2007) (claims not raised/addressed in habeas petition are abandoned)
- Henderson v. Commissioner of Correction, 129 Conn. App. 188 (2011) (abandonment principle in habeas review)